Certain Stainless Steel Butt-Weld Pipe Fittings from Taiwan: Notice of Amended Final Results Pursuant to Final Court Decision, 50301-50302 [E5-4701]

Download as PDF Federal Register / Vol. 70, No. 165 / Friday, August 26, 2005 / Notices Results of Changed Circumstances Review, 59 FR 6944, 6945 (February 14, 1994). Thus, if the evidence demonstrates that, with respect to the production and sale of the subject merchandise, the new company operates as the same business entity as its predecessor, the Department will assign the new company the cash– deposit rate of its predecessor. In its June 29, 2005, submission, Arbec argues that it merely changed its ˆ name to Arbec from Uniforet, and that Arbec is the identical company to ˆ Uniforet. As such, Arbec states that the company’s management, production facilities, and supplier/customer relationships have not changed. To support its claims, Arbec submitted numerous documents, including: (1) copies of Certificate of Amendment documents amending the name of ˆ Uniforet to Arbec; (2) a copy of a resolution of the Annual and Special ˆ Meeting of Shareholders of Uniforet ˆ adopting the modification of Uniforet’s corporate name; (3) a letter from Arbec to the Department, dated May 25, 2005, requesting the recognition of a name change; and (4) a pre–name change advertising flyer announcing the new Arbec logo. Further, Arbec provided information such as a chart of its shareholders, a list of its production facilities, and details on its supplier management agreements, confirming that its ownership, management, production facilities, supply sources and customer base are unchanged from ˆ those of its predecessor, Uniforet. Based on the information submitted by Arbec, we preliminarily find that Arbec is the successor–in-interest to ˆ Uniforet. Based on the evidence reviewed, we find that Arbec operates as ˆ the same business entity as Uniforet and that the company’s senior management, production facilities, supplier relationships, and customers have not changed. Thus, we preliminarily find that Arbec should receive the same antidumping duty cash–deposit rate (i.e., 11.54 percent) with respect to the ˆ subject merchandise as Uniforet, its predecessor company. This rate reflects the ‘‘all others’’ rate from the investigation as modified in the Notice of Determination Under Section 129 of the Uruguay Round Agreements Act: Antidumping Measures on Certain Softwood Lumber Products From Canada, 70 FR 22636 (May 2, 2005). As a result, if these preliminary results are adopted in our final results of this changed circumstances review, we will instruct U.S. Customs and Border Protection to continue to suspend shipments of subject merchandise made by Arbec at VerDate jul<14>2003 16:18 Aug 25, 2005 Jkt 205001 ˆ Uniforet’s cash deposit rate (i.e., 11.54 percent ‘‘all others’’ rate). This deposit rate shall remain in effect until publication of the final results of the second administrative review of the order, which covers the period May 1, 2003, through April 30, 2004, in which ˆ Uniforet is a respondent. See Notice of Preliminary Results of Antidumping Duty Administrative Review and Partial Rescission: Certain Softwood Lumber Products From Canada, 70 FR 33063, June 7, 2005. Public Comment Any interested party may request a hearing within 30 days of publication of this notice. See 19 CFR 351.310(c). Any hearing, if requested, will be held 44 days after the date of publication of this notice, or the first working day thereafter. Interested parties may submit case briefs and/or written comments not later than 30 days after the date of publication of this notice. Rebuttal briefs and rebuttals to written comments, which must be limited to issues raised in such briefs or comments, may be filed not later than 37 days after the date of publication of this notice. Parties who submit arguments are requested to submit with the argument: (1) a statement of the issue; (2) a brief summary of the argument; and (3) a table of authorities. Consistent with section 351.216(e) of the Department’s regulations, we will issue the final results of this changed circumstances review no later than 270 days after the date on which this review was initiated, or within 45 days if all parties agree to our preliminary finding. We are issuing and publishing this finding and notice in accordance with sections 751(b)(1) and 777(i)(1) of the Act and section 351.216 of the Department’s regulations. Dated: August 22, 2005. Ronald K. Lorentzen, Acting Assistant Secretary for Import Administration. [FR Doc. E5–4702 Filed 8–25–05; 8:45 am] BILLING CODE 3510–DS–S DEPARTMENT OF COMMERCE International Trade Administration [A–583–816] Certain Stainless Steel Butt–Weld Pipe Fittings from Taiwan: Notice of Amended Final Results Pursuant to Final Court Decision Import Administration, International Trade Administration, Department of Commerce. AGENCY: PO 00000 Frm 00011 Fmt 4703 Sfmt 4703 50301 On June 14, 2005, in Alloy Piping Products, Inc., Flowline Division, et al. v. United States, Slip Op. 05–69, (‘‘Alloy Piping II’’), the Court of International Trade (‘‘CIT’’) affirmed the Department of Commerce’s (the ‘‘Department’’) Final Results of Determination Pursuant to Remand (‘‘Remand Results’’), dated February 14, 2005, and entered a judgment order. This litigation related to the Department’s review of the antidumping order on certain stainless steel butt– weld pipe fittings from Taiwan, covering the period June 1, 1999, through May 31, 2000. See Certain Stainless Steel Butt–Weld Pipe Fittings Final Results of Antidumping Duty Administrative Review, 66 FR 65899, 65900, (December 21, 2001) (‘‘Final Results’’). As no further appeals have been filed and there is now a final and conclusive court decision in this action, we are amending the final results of review in this proceeding and we will instruct U.S. Customs and Border Protection (‘‘CBP’’) to liquidate entries subject to this review. EFFECTIVE DATE: August 26, 2005. FOR FURTHER INFORMATION CONTACT: Alex Villanueva, AD/CVD Operations, Office 9, Import Administration, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue, NW, Washington, DC 20230, telephone 202–482–3208, fax 202–482– 9089. SUPPLEMENTARY INFORMATION: SUMMARY: Background Following publication of the Final Results, Alloy Piping Products, Inc., Flowline Division, Markovitz Enterprises, Inc., Gerlin Inc., and Taylor Forge Stainless Inc., (the ‘‘Petitioners’’) and Ta Chen, filed a lawsuit with the CIT challenging the Department’s findings. In Alloy Piping v. United States, Slip Op. 04–134, (CIT 2004) (‘‘Alloy Piping I’’), the CIT instructed the Department to (1) reopen the record, seek additional relevant information regarding employee bonuses, and recalculate the general and administrative (‘‘G&A’’) expenses of Ta Chen; and (2) reconsider Ta Chen’s U.S. indirect selling expenses and to account for all of Ta Chen’s U.S. selling expenses incurred during fiscal year 1999. The Department complied with the CIT’s remand instructions and issued its final results of redetermination pursuant to remand on February 14, 2005. See Final Results of Redetermination Pursuant to Remand (‘‘Remand Results’’). In the Remand Results, the Department reopened the record, sought E:\FR\FM\26AUN1.SGM 26AUN1 50302 Federal Register / Vol. 70, No. 165 / Friday, August 26, 2005 / Notices additional relevant information regarding employee bonuses and recalculated the G&A expenses of Ta Chen to include bonuses to both employees and directors/supervisors. The Department also reconsidered Ta Chen’s U.S. indirect selling expenses and determined that there was no need to add financial interest expenses to Ta Chen’s U.S. indirect selling expenses. Thus, the Department did not change Ta Chen’s U.S. indirect selling expenses. As a result of the remand determination, the antidumping duty rate for Ta Chen was decreased from 6.11 to 6.10 percent. The CIT did not receive comments from either the Petitioners or Ta Chen. On June 14, 2005, the CIT affirmed the Department’s findings in the Remand Results. Specifically, the CIT affirmed the Department’s recalculation of the G&A expenses for Ta Chen and the Department’s decision not to add financial interest expenses to Ta Chen’s U.S. indirect selling expenses. See Alloy Piping II. On July 1, 2005, consistent with the decision of the United States Court of Appeals for the Federal Circuit (‘‘Federal Circuit’’) in Timken Co. v. United States, 893 F. 2d 337 (Fed. Cir. 1990) (‘‘Timken’’), the Department notified the public that the CIT’s decision was ‘‘not in harmony’’ with the Final Results. See Notice of Court Decision and Suspension of Liquidation: Certain Stainless Steel Butt–Weld Pipe Fittings from Taiwan, 70 FR 126 (July 1, 2005) (‘‘Timken Notice’’). No party has appealed the CIT’s decision. As there is now a final and conclusive court decision in this action, we are amending our final results of review and we will instruct CBP to liquidate entries subject to this review. effective the date of publication of this notice. This notice is issued and published in accordance with section 751(a)(1) of the Act. Information Specialist, National Center for Standards and Certification Information, NIST, 100 Bureau Drive, MS–2160, Gaithersburg, MD 20899; (301) 975–2921. Dated: August 18, 2005. Ronald K. Lorentzen, Acting Assistant Secretary for Import Administration. [FR Doc. E5–4701 Filed 8–25–05; 8:45 am] Dated: August 22, 2005. William Jeffrey, Director. [FR Doc. 05–17022 Filed 8–25–05; 8:45 am] DEPARTMENT OF COMMERCE DEPARTMENT OF COMMERCE National Institute of Standards and Technology 16:18 Aug 25, 2005 Jkt 205001 National Oceanic and Atmospheric Administration [I.D. 082305A] [Docket No.: 050728206–5206–01] Endangered Species; File No. 1544 ‘‘Notify U.S.’’—New Web Service Tracks Changing Technical Regulations National Institute of Standards and Technology, Commerce. ACTION: Notice. AGENCY: The National Institute of Standards and Technology (NIST) publishes this notice to announce the availability of Notify U.S., a free, webbased e-mail service that offers U.S. citizens, industries, and organizations an opportunity to review and comment on proposed foreign technical regulations that can affect their businesses and their access to international markets. The service is operated by the National Center for Standards and Certification Information (NCSCI) at NIST. NCSCI is the nation’s designated Inquiry Point under the World Trade Organization (WTO) Agreement on Technical Barriers to Trade (TBT). Notify U.S. is the successor to Export Amended Final Results Alert!, an e-mail service for proposed technical regulations previously offered Because no further appeals have been by NIST. This new, web-based service filed and there is now a final and offers fast and comprehensive conclusive decision in the court information on proposed technical proceeding, we are amending the final regulations and conformity assessment results of administrative review of the procedures from foreign governments antidumping order on certain stainless that might influence U.S. exports. steel butt–weld pipe fittings from Notify U.S. provides users with access Taiwan for the period June 1, 1999, to notifications and full texts of through May 31, 2000. The revised regulations issued by the WTO weight–averaged dumping margin are as members. In addition, users can monitor follows: proposed changes across chosen countries and 41 fields of industrial or Company Margin (percent) technical activities, or they can select a Ta Chen ........................ 6.10 subset of fields. ADDRESSES: To learn more—and to sign up for the service—go to the Notify U.S. The Department will issue Web site at www.nist.gov/notifyus. appraisement instructions directly to the CBP. The Department will instruct FOR FURTHER INFORMATION CONTACT: For CBP to liquidate relevant entries information regarding Notify U.S., covering the subject merchandise contact Ms. Anne Meininger, Technical VerDate jul<14>2003 BILLING CODE 3510–13–P BILLING CODE 3510–DS–S SUMMARY: PO 00000 Frm 00012 Fmt 4703 Sfmt 4703 National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Notice; receipt of application. AGENCY: SUMMARY: Notice is hereby given that East Coast Observers Inc., Patricia Bargo, Principal Investigator, PO Box 6192, Norfolk Virginia 23508, has applied in due form for a permit to take loggerhead (Caretta caretta), green (Chelonia mydas), hawksbill (Eretmochelys imbricata), Kemp’s ridley (Lepidochelys kempii), and leatherback (Dermochelys coriacea) marine turtles, and shortnose sturgeon (Acipenser brevirostrom) for purposes of scientific research. DATES: Written, telefaxed, or e-mail comments must be received on or before September 26, 2005. ADDRESSES: The application and related documents are available for review upon written request or by appointment in the following offices: Permits, Conservation and Education Division, Office of Protected Resources, NMFS, 1315 East-West Highway, Room 13705, Silver Spring, MD 20910; phone (301)713–2289; fax (301)427–2521; and Southeast Region, NMFS, 263 13th Avenue South, St. Petersburg, FL 33701; phone (727)824–5312; fax (727)824– 5309. Written comments or requests for a public hearing on this application should be mailed to the Chief, Permits, Conservation and Education Division, F/PR1, Office of Protected Resources, NMFS, 1315 East-West Highway, Room 13705, Silver Spring, MD 20910. Those individuals requesting a hearing should set forth the specific reasons why a hearing on this particular request would be appropriate. Comments may also be submitted by facsimile at (301)427–2521, provided E:\FR\FM\26AUN1.SGM 26AUN1

Agencies

[Federal Register Volume 70, Number 165 (Friday, August 26, 2005)]
[Notices]
[Pages 50301-50302]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E5-4701]


-----------------------------------------------------------------------

DEPARTMENT OF COMMERCE

International Trade Administration

[A-583-816]


Certain Stainless Steel Butt-Weld Pipe Fittings from Taiwan: 
Notice of Amended Final Results Pursuant to Final Court Decision

AGENCY: Import Administration, International Trade Administration, 
Department of Commerce.
SUMMARY: On June 14, 2005, in Alloy Piping Products, Inc., Flowline 
Division, et al. v. United States, Slip Op. 05-69, (``Alloy Piping 
II''), the Court of International Trade (``CIT'') affirmed the 
Department of Commerce's (the ``Department'') Final Results of 
Determination Pursuant to Remand (``Remand Results''), dated February 
14, 2005, and entered a judgment order. This litigation related to the 
Department's review of the antidumping order on certain stainless steel 
butt-weld pipe fittings from Taiwan, covering the period June 1, 1999, 
through May 31, 2000. See Certain Stainless Steel Butt-Weld Pipe 
Fittings Final Results of Antidumping Duty Administrative Review, 66 FR 
65899, 65900, (December 21, 2001) (``Final Results''). As no further 
appeals have been filed and there is now a final and conclusive court 
decision in this action, we are amending the final results of review in 
this proceeding and we will instruct U.S. Customs and Border Protection 
(``CBP'') to liquidate entries subject to this review.

EFFECTIVE DATE: August 26, 2005.

FOR FURTHER INFORMATION CONTACT: Alex Villanueva, AD/CVD Operations, 
Office 9, Import Administration, International Trade Administration, 
U.S. Department of Commerce, 1401 Constitution Avenue, NW, Washington, 
DC 20230, telephone 202-482-3208, fax 202-482-9089.

SUPPLEMENTARY INFORMATION:

Background

    Following publication of the Final Results, Alloy Piping Products, 
Inc., Flowline Division, Markovitz Enterprises, Inc., Gerlin Inc., and 
Taylor Forge Stainless Inc., (the ``Petitioners'') and Ta Chen, filed a 
lawsuit with the CIT challenging the Department's findings. In Alloy 
Piping v. United States, Slip Op. 04-134, (CIT 2004) (``Alloy Piping 
I''), the CIT instructed the Department to (1) reopen the record, seek 
additional relevant information regarding employee bonuses, and 
recalculate the general and administrative (``G&A'') expenses of Ta 
Chen; and (2) reconsider Ta Chen's U.S. indirect selling expenses and 
to account for all of Ta Chen's U.S. selling expenses incurred during 
fiscal year 1999.
    The Department complied with the CIT's remand instructions and 
issued its final results of redetermination pursuant to remand on 
February 14, 2005. See Final Results of Redetermination Pursuant to 
Remand (``Remand Results''). In the Remand Results, the Department 
reopened the record, sought

[[Page 50302]]

additional relevant information regarding employee bonuses and 
recalculated the G&A expenses of Ta Chen to include bonuses to both 
employees and directors/supervisors. The Department also reconsidered 
Ta Chen's U.S. indirect selling expenses and determined that there was 
no need to add financial interest expenses to Ta Chen's U.S. indirect 
selling expenses. Thus, the Department did not change Ta Chen's U.S. 
indirect selling expenses. As a result of the remand determination, the 
antidumping duty rate for Ta Chen was decreased from 6.11 to 6.10 
percent. The CIT did not receive comments from either the Petitioners 
or Ta Chen.
    On June 14, 2005, the CIT affirmed the Department's findings in the 
Remand Results. Specifically, the CIT affirmed the Department's 
recalculation of the G&A expenses for Ta Chen and the Department's 
decision not to add financial interest expenses to Ta Chen's U.S. 
indirect selling expenses. See Alloy Piping II.
    On July 1, 2005, consistent with the decision of the United States 
Court of Appeals for the Federal Circuit (``Federal Circuit'') in 
Timken Co. v. United States, 893 F. 2d 337 (Fed. Cir. 1990) 
(``Timken''), the Department notified the public that the CIT's 
decision was ``not in harmony'' with the Final Results. See Notice of 
Court Decision and Suspension of Liquidation: Certain Stainless Steel 
Butt-Weld Pipe Fittings from Taiwan, 70 FR 126 (July 1, 2005) (``Timken 
Notice''). No party has appealed the CIT's decision. As there is now a 
final and conclusive court decision in this action, we are amending our 
final results of review and we will instruct CBP to liquidate entries 
subject to this review.

Amended Final Results

    Because no further appeals have been filed and there is now a final 
and conclusive decision in the court proceeding, we are amending the 
final results of administrative review of the antidumping order on 
certain stainless steel butt-weld pipe fittings from Taiwan for the 
period June 1, 1999, through May 31, 2000. The revised weight-averaged 
dumping margin are as follows:

------------------------------------------------------------------------
                       Company                         Margin (percent)
------------------------------------------------------------------------
Ta Chen.............................................                6.10
------------------------------------------------------------------------

    The Department will issue appraisement instructions directly to the 
CBP. The Department will instruct CBP to liquidate relevant entries 
covering the subject merchandise effective the date of publication of 
this notice.
    This notice is issued and published in accordance with section 
751(a)(1) of the Act.

    Dated: August 18, 2005.
Ronald K. Lorentzen,
Acting Assistant Secretary for Import Administration.
[FR Doc. E5-4701 Filed 8-25-05; 8:45 am]
BILLING CODE 3510-DS-S
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